GENERAL INTRODUCTION

0.1. Background to the Study

Human rights are the basic rights of every individual against the state or any other public authority as a member of the human family irrespective of any other consideration.[1] Thus, every individual in the society has the inherent right to be treated with dignity in all situations including arrested and keeping in custody by the police.[2] Rights of an individual in police custody are protected basically by the Cameroonian Constitution[3] and by various other laws like Code of Criminal Procedure[4] and Protection of Human Rights conventions. These rights are also recognized by various international documents like Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment etc.

The Police are the main law enforcement agency in Cameroon. The service is under the control of the Presidency of the Republic, Minister Delegate at the presidency in charge of National Security. The Cameroonian Police Service was established to ensure maintenance of law and order, apprehension of offenders, detection of crime and generally for maintenance of internal peace and security.

Since the police play a vital role in a democracy not only with respect to maintenance of law and order but also in dealing with the rapid increase of crime rates in the criminal justice system, policy of police must strive to attain objectives like fairness, consistency, tolerance of minority views and other values which are inherent in a society. Being the visible symbol of state authority, police should see that their actions are not affecting the liberty and freedom of individuals and not infringing the basic human rights values of the suspects in custody, while fulfilling the affirmed objectives of prevention and investigation of crimes.

There are frequent instances where the police, who are entrusted with the duty to enforce law and order, are violating the human rights.  It is an admitted fact that when the police interrogate suspects in a crime, they employ third-degree methods.[5] It includes torture either by not recording the arrest or deprivation of liberty in the guise of a prolonged interrogation. Experience shows that during the course of investigation, worst violations of human rights take place.[6] Police is, no doubt, under a legal duty and has legitimate power to arrest a criminal, to interrogate him during the investigation of an offence but it must be remembered that the law does not permit use of third-degree methods and torture of accused in custody during interrogation and investigation of the crime.[7]

The irony is that the law enforcement officials and the security agents who are entrusted with the responsibility of maintaining law and order in the society sometimes breach the law which they have been sworn to uphold. For instance, officials may be too overzealous and, in the process, violate the rights of the citizens by subjecting victims to torture or other cruel, inhuman and degrading punishment.[8]

In principle, the police represent public authority. It is one of the main lines of contact between the citizens and the state. It has the prerogative and monopoly in the use of legitimate force. As such, the function of the police officer is carried out in a context of intrinsic tension between, on the one hand, the need to maintain public order, which is necessary for the protection of human rights, and, on the other hand, the obligation of absolute respect for the person. While the police are one of the agents of protection of citizens’ rights and peace, it is also exposed to the tendency of violating human rights. This often places the police in a delicate situation. The manner in which it fulfils this role and operates in this field is crucial, as the proper functioning of the police is an essential element in the full implementation of human rights. Indeed, while a poorly trained, badly organized and ‘ill-defined’ police force is liable to violate human rights, one which operates with objectives that are adapted to societal needs and with clear values is more likely to give better service to society and to consolidate access to human rights for all citizens.

Over the last two decades, the international promotion and protection of human rights related to law enforcement officials has progressed. International organizations such as the UN, the Council of Europe and NGOs like the International Red Cross (‘IRC’), the International Commission of Jurists (‘ICJ’), the Common Wealth Human Rights Initiative (‘CWHRI’), have developed initiatives to address human rights violations by law enforcement officials. They have mostly concentrated upon legal frameworks, selection criteria, training curricula, capacity building, accountability mechanisms, ethical codes and training programmes. Even though from a normative perspective these contributions are valuable, they are harder to substantiate in an empirical sense. For example, in Guatemala in the 1990s after the civil war, police forces were reformed and a human rights framework was introduced, and yet the involvement of law enforcement officials in human rights violations persists.[9]

Every crime contains a progression of activities or steps that is always moving gathering of evidence, to that of getting information, developing the evidence acquired so as to form reasonable grounds for everyone in believing that the suspect or accused in question is really responsible for all the allegations made against him or her. During police custody, such process of determining the nature of the investigation setup can be done through evidence collected. In this regard, it is the role of the criminal investigator in looking at the clues and acquired evidence at disposition in order to determine or ascertain that the crime was committed and the suspect or accused in question is responsible for all the allegations made towards him.

The criminal investigator in place before establishing that someone has really committed an offence or crime must be conscious of his or her thinking, and such thinking put in place must always be in an intentional process.[10] This aspect of criminal investigation does not entail that the investigating police or official in question possesses the acquired skills; it will also depend on the thinking skill of the said officer. Absolutely, contrary to the process of analyzing crimes every day, the role of the investigating police, the process of discovery. interpreting and even determining the validity of information most often becomes a complex and critical platform. It becomes a deduced obligation of every investigator not just in making a presumption about the validity and truth of information based on a personal confirmation of belief, but rather ensures that he or she is responsible and empowered under the law in making relevant and justifiable proof so that it should not affect the lives and even the right of those investigated upon. It is therefore understandable that, anyone qualified as a police investigator should have both the task and the thinking skills in collecting and analyzing evidence at all levels that will be accepted in the criminal justice system. The said person must carry out the investigation in such a way that it abides to the legal rules and appropriate processes of the evidence collected.

In its obligation of identifying the investigative system, a series of legal dispositions and criminal laws has been in Cameroon empowering the judicial or investigating police with the necessary competence and powers in electing police custody on suspects and engaging in matters of investigation from the crime commission to the trial process. In every matter referring to investigation, the investigating police in addition to the investigation of offences, is also responsible for collection of evidence. identifying offenders and accomplices and bringing them before the court of law.[11] These police are also responsible in receiving complaints and report persons and the said person must make all investigations in accordance with all the conditions and procedures prescribed or laid down by law. It is by and large understandable that, for every act carried by these investigating police, such an act must be prescribed by the law, if not, any act engaged by these officials with be regarded as illegal and unacceptable. The question one needs to be posing is in determining the law that gives these persons the capacity to keep suspects in police custody and the protection of the rights of suspects during police custody.

International Human Rights law is binding on all states (who are signatories to it) and their agents, including enforcement officials of which the police are no exception.[12] Human Rights law protects the rights and freedoms of individuals and groups within societies.[13] The police, as an institution of state are uniquely placed to ensure respect for, and secure protection of, those rights and freedoms. Those who exercise power on behalf of the people need to be aware of the human right standards they are required to meet, and the best practice in their fields of activity.

The process of upholding and respecting human rights by the police in the performance of their duties has proved to be a very challenging task for almost every country or state. Though the police are mostly expected to take the leading role in this process, the task as challenging as it is, requires the efforts of all stakeholders and institutions within the state. It is in view of this, that this study seeks to access the effectiveness of the laws guaranteeing the rights of suspects and accused persons while in Police custody in Cameroon.

0.2. Statement of the Problem

It is necessary to maintain a proper balance between the security of the state, the public safety and the maintenance of law and order, on the one hand and the protection of the rights of suspects upon the commission of a crime while in police custody on the other hand. The 2005 Criminal Procedure Code of Cameroon guarantees the protection of the rights of suspects while in Police custody in Cameroon, such as the presumption of innocence until proven guilty under due trial by a competent court.[14]  Other laws[15] as well as international ratified conventions guarantees the rights of a suspect while in police custody.[16] Despite the existence of these laws in Cameroon protecting the rights of a suspect while in police custody, there is still gross violation of the rights of suspects and accused persons under police custody. The visit of the researcher to the Central Police station in Bamenda; GMI, Judicial Police found out that there are persons in the police custody for a period of 3 months without knowing reasons for their detention, no access to lawyers or even family members, who do not even know their where about, given the current situation of the crisis. Others were tortured to death, some sustaining serious injuries without access to medical care, no food, and toilet facilities. This therefore necessitated this research work to ascertain the effectiveness of the laws guaranteeing the rights of suspects and accused persons while in police custody in Cameroon.

0.3. Objective to the Study

This piece of research shall proceed with both main and specific research objectives.

Main Research Objective

The main research objective is to access the effectiveness of the laws guaranteeing the rights of suspects and accused persons while in Police custody in Cameroon.

Specific Research Objectives

• To examine the role and the nature of Police custody in the Cameroon justice system.
• To identify the rights accorded to a suspect and the accused persons while in police custody in Cameroon.
• To examine specific instances of violation of the rights of suspects and accused persons under police custody in Cameroon.
• To identify the challenges faced in the effective implementation of the rights of suspects and make policy recommendations on enhancing the effective implementation.

0.4. Research Questions

The research question comprises of both the main research question as well as specific research questions.

Main Research Question

How effective are the laws guaranteeing the rights of suspects and the accused persons under the Police custody in Cameroon?

Specific Questions

• What is the role and the nature of Police custody in the Cameroon justice system?
• What are the rights accorded to a suspect and accused persons arraign and placed under the Police custody in Cameroon?
• What are the various instances of violation of the rights of suspects and accused persons under the Police custody in Cameroon?
• What are the challenges encountered in implementing the rights of suspects and accused persons while in police custody in Cameroon and what can be done to salvage the situation ?

[1]Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. See J. Reddy & B.P. Jeevan, (2001), a Paper Presented in Seminar, Custodial Crime, An Affront to Human Dignity, Human Rights, and Universal Law Publication Pvt. Ltd., New Delhi, India.

[2] Ibid.

[3] The Preamble of the Cameroonian Constitution, Law No 96/06 of 18^th January 1996 to amend the Constitution of 2^nd June 1972 in Cameroon.

[4] Law N°2005 of 27 July 2005 on the Criminal Procedure Code of Cameroon.

[5] J. Nihal, (1996), The Judicial Application of Human Rights Law National, Regional and International Jurisprudence, United Kingdom, p.298.

[6] Ibid, P.230.

[7] J.Nickel,(1992), Making Sense of Human Rights: Philosophical Reflections on the Universal                                                                 Declaration of Human Rights, (Berkeley; University of California Press.

[8] L. Akwei,(2006), “Is the Duty of the Police Worthy of Note?” The Chronicle, 20 July 2006, Pp.129-154, P.134.

[9] J. Agbewode (2006) “Juapong Police Score Another Human Rights Abuse”, The Chronicle, 23 May, Pp.90-128, P.93.

[10] R. Gehl & D. Plecas, (2016), Introduction to Criminal Investigation: Processes, Practices and Thinking, (United Kingdom: Justice Institute of British Columbia New Westminster, Bc, P.1.

[11] Section 82 of Law No.2005/007 of 27^th July 2005 on the Cameroon Criminal Procedure Code.

[12] J. Morsink, (1999), The Universal Declaration of Human Rights: Origins, Drafting and Intent, United States, University of Pennsylvania Press.P.240

[13] Ibid.

[14] Section 8 of Law No.2005/007 of 27^th July 2005 on the Cameroon Criminal Procedure Code.

[15] The Preamble of the Cameroon Constitution, Law No 96/06 of 18^th January 1996 to amend the Constitution of 2^nd June 1972 in Cameroon.

[16] The Universal Declaration of Human Rights, 10^th December 1948; The International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966; The International Covenant on Civil and Political Rights (ICCPR),1966; The Convention against Torture and Other Cruel, Inhuman or other Degrading Treatment of Punishment (CAT) 1984; and Principles like Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment Adopted by General Assembly resolution 43/173 of 9 December 1988.